Final registration
N K Jadhav
(Querist) 11 November 2016
This query is : Resolved
I have purchased a home. Part registration is done then CIDCO transfer, Share certificate & Light bill transfer are done and loan cheque is received.
Now only final registration is balance but my flat owner is not coming for final registration and loan cheque.
What to do. Please suggest
N K Jadhav
(Querist) 11 November 2016
Is any problem for me to sell the flat in future, because final registration is balance and due to that CIDCO's final transfer order is balance.
Kindly suggest I'm too worried.
Ms.Usha Kapoor
(Expert) 11 November 2016
you summon the owner of flats and demand him to attend final registration of the flat through legal notice. Othewise file CASE IN CIVIL COURT
adv.bharat @ PUNE
(Expert) 11 November 2016
You can send him legal notice for registration of house in your favour.
If he don't came then u can't further sell it out.
Kuummaar AS
(Expert) 11 November 2016
N K Jadhav,
YOUR QUERIES ARE
"I have purchased a home. Part registration is done then CIDCO transfer, Share certificate & Light bill transfer are done and loan cheque is received.
Now only final registration is balance but my flat owner is not coming for final registration and loan cheque.
What to do. Please suggest"
"Is any problem for me to sell the flat in future, because final registration is balance and due to that CIDCO's final transfer order is balance.
Kindly suggest I'm too worried."
WHAT IS CIDCO?
IN CASE YOU WANT RIGHT ADVICE, ELABORATE ABOUT PART REGISTRATION AND FINAL REGISTRATION.
Rajendra K Goyal
(Expert) 11 November 2016
What is meant by half registration, whether it is registration of the agreement to sell?
From your query, it seems you have taken / received the loan from some Bank / FI. In such situation, you have to deposit title deed of property to Bank as collateral security, agreed by you in your agreement with the Bank.
Send registered notice to seller informing seller to remain present at Registrar office on date ____ for completing the registration. If other party does not turn up, get the fact recorded at registrar office, file case of specific performance.
N K Jadhav
(Querist) 11 November 2016
Thanks a lot,
Actually I am worried about that, can my house owner will cancel the deal with court order.
I am behind him for to give the payment but he is not coming to registration of final agreement.
House is in my possession, and 30% payment has been done. Only bank loan cheque is balance.
Please suggest is I go in court so to whome court will do favour.
Guest
(Expert) 11 November 2016
The concept of Part registration is not understood. Can you state, how part registration of the house could be made in your name?
N K Jadhav
(Querist) 12 November 2016
I bought this home in second sale. So first I have given 30% payment and did the part (first) registration then I have given that copy to CIDCO and take mortgage and transfer NOC from CIDCO that registration copy with CIDCO mortgage copy and society NOC copy given to bank for loan.
Now loan is approval and got the balance payment cheque.
I have to make final sale deal registration and give that cheque to house owner.
But he is not coming to collect the cheque and final registration.
What to do? Can he cancel the deal?
To whome court will favour.
I am ready to give him payment. I have done lots of follow up him.
I have all record of that. Such as sms, calls and what's app.
Please suggest.
Thanks Jadhav
N K Jadhav
(Querist) 12 November 2016
I bought this home in second sale. So first I have given 30% payment and did the part (first) registration then I have given that copy to CIDCO and take mortgage and transfer NOC from CIDCO that registration copy with CIDCO mortgage copy and society NOC copy given to bank for loan.
Now loan is approval and got the balance payment cheque.
I have to make final sale deal registration and give that cheque to house owner.
But he is not coming to collect the cheque and final registration.
What to do? Can he cancel the deal?
To whome court will favour.
I am ready to give him payment. I have done lots of follow up him.
I have all record of that. Such as sms, calls and what's app.
Please suggest.
Thanks Jadhav
Rajendra K Goyal
(Expert) 12 November 2016
This seem to be agreement for sell. In the given situation proceed as advised.
Guest
(Expert) 12 November 2016
Dear Shri N K Jadhav,
Your question, "he is not coming to collect the cheque and final registration," conveys that the seller should come to your door to collect the cheque.
By the way, why do you believe that seller is obliged to come to you to get the cheque for the balance amount?
By the way, what is the term, as per agreement, for payment of the balance amount and to get the sale deed registered?
Further, what efforts you have made to make the seller to get the sale deed registered?
Please clarify these points.
N K Jadhav
(Querist) 12 November 2016
My efforts to behind him cotinously via calls, SMS and what's app.
He is not desponding, and once in a month saying to me that when will u give me the cheque. I reply every time to come for registration and take your cheque.
Now he is saying first i want cheque at my door step and then I will come for registration. But I can't believe on him
Please suggest
Thanks Jadhav
Rajendra K Goyal
(Expert) 12 November 2016
The method through which you are conveying may not be helpful in legal proceedings. Send registered letter mentioning details of SMS / Whatsup as advised above and if he does not turn up, file case for specific performance.
N K Jadhav
(Querist) 19 November 2016
Now owner don't want come for sale deed registration and wants to cancel the deal. But I fused him. Can he file a case against me for cancellation the deal. To whom court will favour.
Can I directly deposite the cheque to his account, then he will not come for final sale deed registration.
Please suggest.
Thank Jadhav
N K Jadhav
(Querist) 19 November 2016
Now owner don't want come for sale deed registration and wants to cancel the deal. But I fused him. Can he file a case against me for cancellation the deal. To whom court will favour.
Can I directly deposite the cheque to his account, then he will not come for final sale deed registration.
Please suggest.
Thank Jadhav
Rajendra K Goyal
(Expert) 19 November 2016
As advised above, if you have followed the procedure, issued notice for date of registration, noting from registrar office regarding his absence on due date of registration, you should file case for specific performance, court may allow registration in his absence.
